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US-CA11 · jury_instructions

11th Cir. Pattern Jury Instr. (Civil) 9.25

Copyright – Defenses – Affirmative Defense – Fair Use

activein force · 2017-07-01 – presentact-effective-date

[Name of defendant] claims, as an affirmative defense, that [his/her/its] use

of [name of plaintiff]’s copyrighted work is a fair use. A fair use isn’t an

infringement of copyright. [Name of defendant] must prove fair use by a

preponderance of the evidence.

Certain uses recognized as favoring fair use include criticism, parody,

Provenance

Source
ca11.uscourts.gov
Retrieved
2026-08-20
Edition
civil-2017-07
Content hash
a27c76b39247e7410dd00d7834fa4fd6cff9f83eeca3b69ce7f74da1392031ef
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